James McGavock vs. Marwood Timberlake.--Attachment, 12th September, 1765. Discharge of defendant, December 29, 1764, withdrawn. Isabella Brown vs. William Brown.--Bill for divorce. Benezet vs. Stewart.--Account withdrawn. MARCH, 1765 (B). George Scott vs. Robert Ralston.--28th November, 1765. Margaret Pickens gone to Carolina. Wilson vs. Potts.--Bond 27th July, 1743. John Potts, of Amity, and County of Philadelphia, yeoman, to Owin Richards, of the same place. McGill vs. Daniel Harrison.--Bond by Daniel Harrison, Jr., dated January 17, 1764. Carpenter vs. Stevenson.--Andrew Hall is about to remove out of this Colony--27th August, 1764. AUGUST, 1765 (A). Cunningham vs. Craven.--John Harvy lived in Frederick, but disappeared from there. Mathias Lair and Catharine vs. John Harrison and Mary.--28th May, 1765. Defendants had left the Colony before service could be made. Bowyer vs. Reed.--Account Robert Reed, debtor to estate of Caleb Harmon, deceased. To cash you received of Cald. Preston, being the pay of said Harmon while a soldier under his command, #18, 14--(withdrawn). Account Caleb Harmon to Robert Reed, 1756-57--withdrawn. To cash paid David Long for washing when at the fort. To cash paid Capt. McNeill for you. Account Robert Reed to Wm. Preston, 1757-60--withdrawn. By Caleb Harmon's pay as a soldier, &c. MAY, 1765 (B). Wm. Crow vs. Patrick Lynch and John Gray.--Chancery. Patrick was debtor of plaintiff and gave plaintiff a note with John as security, but before note fell due Patrick moved to North Carolina, about 1755-6. Wm. sent the note to North Carolina by Andrew Dunbar, who made affidavit that he could not find Patrick and did not receive the money, but lost the note. Gray replies that after Patrick left Virginia a friend of John's named John Lawrence, from New Jersey, passed on his way to North Carolina and offered to collect the debt from Patrick. Lawrence returned and said he had seen Patrick, who declared he had paid the money to Dunbar. Notice 30th October, 1764, that deposition of Andrew Dunbar will be taken near Peach Bottom, Lancaster County, Pennsylvania. FEBRUARY, 1763 (A). Israel Christian vs. John Dickinson.--Defendant in February, 1762, at house of Francis Tyler, in Staunton, was present when many persons were playing hazard, and pass and no pass, and refused to issue his warrant and became liable therefor under the act against unlawful gaming. 334 John Low vs. Robert Bratton, admr. of James Dunlop.--John Lewis's affidavit, 11th November, 1758, that he served as a soldier under Capt. James Dunlop 22 days in the month of June, 1756, and never received any satisfaction for it. Givens vs. Frame.--Signatures: James Anderson and Jesse Jackson, David Frame and John Botkin. William Crow vs. Mordecai Howard.--Signatures: Alexr. Sayers, John Blagg, Wm. Preston, Samuel McDowell. James Stevenson vs. George Wooldridge and John Ritchie.--Signatures. Peterson vs. Hamilton.--Deposition Joseph Greer, as garnishee, February, 1763. Felix Gilbert vs. George Anderson.--Attachment, 1762. Tunis van Pelt vs. Samuel Hutton.--Defendant lives with his brother, James Hutton, in the Forks. SEPTEMBER, 1763 (B). Elizabeth Crawford vs. Stephen Loy.--Attachment, 17th April, 1763. Stephen Loy, of Frederick Town, in Maryland, to Thomas Fulton. Bond 25th March, 1762. Walter and Samuel Cowdon vs. Rev. Davis Calmer, late of Virginia Regiment.--Attachment, 23d March, 1762. Alexander Boyd, paymaster, summoned as garnishee. AUGUST, 1764 (A). Henry Heth vs. Cowdon.--Henry and William Heth. Moses McElvane vs. Mathew Linsey.--Defendant is an old man--horse jockey. Dr. Sergt. Wm. Bell to Samuel Cowdon & Co.--1761, April, May, July, August--Liquors and furnishings. Andrew Greer vs. Henry Harman.--Defendant in Carolina, July, 1764. Ester Stevens vs. Bowman.--Deposition of James Urie, aged 60 years, 22d June, 1764. Defendant lives at the Great Lick. Shippen & Co. vs. Francis Co.--Signature: Matthew Jordan. Walker vs. Bowman and Abraham McClelan.--Many petitions by Walker, treasurer, on bonds. George Skillem vs. John Frazier and Thomas Smith.--Defendant lives in the forest. Matthews vs. McBride.--(Address) To Mr. Saml. Crawford, at George Gibson's, near Collierstown. Andrew Smithers vs. Thomas Bates.--Defendant is a soldier, 20th June, 1764. John Robinson, Treasurer, vs. John Robinson and Mathias Yoacum. Yoacum a soldier, 25th June, 1764. Benjamin Estill vs. Miss Elizabeth Campbell.--(Great Lick.) Signature: 10th April, 1763. AUGUST, 1762 (A). Robinson vs. Robinson.--David Robinson complains: In 1746 James Robinson, cousin of orator, now (1762) deceased, took up 800 acres on 335 South Fork of Roanoke, intending the same for his two sons, John, the eldest, and Thomas. In 1756 John died intestate, leaving Elizabeth Robinson his only child and heir-at-law an infant about 8 years old. Adam Thompson vs. Lawrence.--Adam Thompson and Neome, his wife, administratrix of Johnston Hill, complain of James and William Lawrence. Beverly vs. Gay.--William Hamilton and Margaret, his wife, late Margaret Gay, executrix of William Gay, deceased. McMahon vs. Anderson.--George Anderson attached November, 1761, and returned no estate. FEERUARY, 1762. Stewart vs. Cunningham.--James Stewart and Mary, his wife, late Mary Walker, administratrix of William Walker, deceased. James and Mary were from Cumberland County, Pennsylvania. James Kerr vs. Bell.--James Kerr, in Cumberland County, Pa., 1760. AUGUST, 1762 (B). Gay vs. Cowan.--Henry Gay, guardian of Henry Gay, the younger, an infant, son of John Gay, deceased. Henry, the guardian, was grandfather of Henry, Jr. Nicholas and Hetrick vs. Pence and Pence.--Jacob Nicholas and Adam Hetrick, in 1747, came to Augusta from Pennsylvania. Jacob Pence left a son, Jacob, his eldest, and heir-at-law. Jacob, Sr., and Valentine Pence were brothers. Valentine left Adam, his eldest son and heir, an infant 14 years old (in 1762). Jacob also had a son, George. Graham vs. Armstrong.--Robert Graham and Jane, his wife, vs. Robert Armstrong and Mary, his wife. Purviance vs. Given.--Samuel Purviance, of Philadelphia, 1761. MAY, 1762 (A). James Litsler vs. Robert Murphy.--Elizabeth Moore married Robert Murphy between 1761-62. Kennedy vs. Kennedy.--In 1740 Robert Galloway, of Augusta, bought land from Borden, which Galloway sold to Joseph Kennedy in 1748-9, but Galloway had received no deed. In 1760 William Kennedy, son of Joseph, had four infant sisters, the oldest being 12 years old. Arbuckle vs. Sayers.--This certifies that James Arbuckle and two sons have served as soldiers in my Company of Militia four months and sixteen days exclusive of what time they have received pay for. April 21, 1759. (Signed) Alexr. Sayers. Arbuckle sues for himself and two sons, who were his servants. MAY, 1762 (B). Goodman vs. Armentrout.--Catherine, wife of Jacob Goodman, was daughter of John Colly. Robt. Breckinridge vs. John Milton.--In July, 1761, John hired himself as waggoner to Robert for the summer campaign to the southward, or wherever else his Majesty's service required. 336 Archibald Armstrong and Margaret, his wife, vs. Robert Grimes and Jane, his wife.--Slander. Frame vs. Hannah.--David Frame, eldest son and heir of John Frame, deceased, vs. Joseph Hanna. Bill filed November, 1760. In 1748 John and Joseph bought land jointly on Naked Creek, and there was great intimacy between the families. John's wife was Margaret. The land was bought of Jennet Stark, alias McDonald. NOVEMBER, 1762 (A). John Craven and Margaret, his wife, late Margaret Dyer, administratrix of William Dyer, deceased. SEPTEMBER, 1763 (A). P. Henry, Jr., vs. J. Oliver.--Account of P. Henry, Jr., vs. Oliver. Affidavit of P. Henry, Jr., in Hanover, before John Henry. FEBRUARY, 1763. Gilbert vs. George Anderson.--In 1762 George Anderson was gone from Virginia. Low vs. Bratton's Administrator.--John Low served in Capt. James Dunlop's Company twenty-two days, in June, 1756. He also served 231 days, from 1st March, 1757. Israel Christian vs. George Wilson.--Israel Christian was Burgess prior to 1761, and was re-elected that year. Hugart vs. Bratton's Administrator.--Josias Wilson was a soldier in Capt James Dunlop's Company. APRIL, 1763 (A). Cresap vs. Drenning.--Walter Drinen's note to William Griffiths, 1742. Walter Drenning, of Prince George's County, Maryland, trader. Bond to Hugh Parker, of Lancaster County, Pennsylvania, dated 18th December, 1740. Stewart vs. Patterson.--Alexander Stewart married Mary, daughter of Robert Patterson, and sues Patterson because he did not get as much of Patterson's estate as the two other children. Warfell vs. Frame.--James Frame, of Laycock Township, in Lancaster County, Pennsylvania, farmer. Bond to George Warfell, of Strasburg Township, same County, dated 16th March, 1750-51. FEBRUARY, 1763 (A). Philip Benezet, of Philadelphia, vs. Cunningham.--Archibald Cunningham, of Township of Drunmore, County of Lancaster, Pennsylvania, peddler. Bond dated 1st August, 1759. Catherine Passinger, an infant, by Jacob Passinger, her father, vs. Jacob Pence.--Agreed to marry, 1762, but Pence broke his promise and suit brought. 337 JUNE, 1763 (B). May Court, 1762.--Margaret Gregg, late Margaret Johnson, wife of Wm. Gregg, and administratrix of her late husband, Arthur Johnson. Stewart vs. Cloyd.--Alexander, Thomas and Benjamin Stewart. Thompson vs. Davidson.--Adam Thompson and Neome, his wife, late Neome Hill. Luney vs. Haines.--Margaret Luney, relict of Peter Luney, 1761. MAY, 1763 (B). Wright vs. Carpenter.--The spring before the Rangers were sent to Halifax County: Thomas Carpenter, son of Joseph Carpenter. Callyson vs. Curry.--(On a scrap of paper): "This indenture made the ____ day of April, 1763, between John Anderson, of the Township of West Easton, Province of ____" Bowyer vs. McClenachan.--Barlingham Franklin, of Augusta County, lately a soldier in the Virginia Regiment, in Capt. Bucknor's Company, binds himself for three years as a servant to John Bowyer. He was a tailor. SEPTEMBER, 1763 (B). McClenachan vs. Calmer.--Rev. Mr. Davis Calmer was chaplain of the Virginia Regiment. Attachment issued against him 23d March, 1762. Alexander Boyd was a Commissioner to settle accounts with the soldiers and was ordered not to pay Calmer. Ward vs. Howell.--Samuel Purviance and James (Samuel?) Howell were partners in Philadelphia, 1762. NOVEMBER, 1763 (C). Price vs. Allison.--Deposition of Patrick Henry, Jr., 27 years old. Deposition taken 22d October, 1763. He kept store in Hanover in 1758. Madison vs. Robinson.--William Robinson was brother of John Robinson, who was murdered by the Indians. John Robinson sold land to Joseph Kennedy, who sold to McGavock, who sold to Madison. Land on Roanoke. NOVEMBER, 1764 (A). Brown vs. Daley.--Wm. Carlton and Esther, his wife, late Esther Brown. Potts vs. Boff.--Conrad Boff, of East Nantmill Township, County of Chester, Pennsylvania, bound to John Potts, of Calebrook Dale, County of Philadelphia, Pennsylvania, 2d February, 1749. (Note.--Mary Boff, widow and executrix of Conrad, lives (at time of suit) on South Fork of South Branch.) Man vs. Galloway.--James Walker deposes: That in fall of 1759, being stationed at Fort Young as a Lieutenant of a Company in the Frontier Battalion, the defendant, Man, acted under him as a Sergeant. (This was Wm. Man. His brother, Thomas, was also a soldier. Fort Young was on a a river.) 338 JUNE, 1764 (A). Ruddle vs. McDaniel.--Stephen Ruddell, of Hampshire County, in 1763. JUNE, 1764 (B). Fillbrick vs. Bullitt.--Henry Fillbrick was a soldier in Virginia Regiment under Capt. Thomas Bullitt in 1762. McPheeters vs. Anderson.--"George Anderson is a soldier." 1763. Fowler vs. Long.--William Fowler was a soldier under Capt. Long. 1762. AUGUST, 1764 (B). Stringer vs. Morrow.--In 1748-9 Daniel Stringer, of Fallowfield Township, Chester County, Pennsylvania, purchased an improvement near Buckley's Mill, in said County, of one James Orton, which Orton had bought of one William Morrow. This land, Stringer, intending to come to Virginia, sold to Robert Turner. John Taylor was Surveyor of Chester County. Kerr vs. Bell & Hamilton.--James Kerr, of Cumberland County, Pennsylvania, Bond, 1760, conditioned to sell land on Christian's Creek by Bell & Hamilton to Kerr. Upp vs. Stone.--Frederick Upp was a school teacher in 1760. Agreement by the Congregation on the Fork in Augusta County with Upp. Looney vs. Looney.--In 1759 Peter Looney and David Looney bought land from their father, Robert Looney. Peter Looney is dead (1763), leaving Peter Looney, an infant, his son and heir, but Robert made a deed to the land to John Bowyer. Robert answers that at time of making the contract he was drunk. Col. Thomas Cresap vs. Dr. Thomas Walker.--Van Swearingen's deposition taken in Frederick County, Maryland, 1764. He pastured horses in 1755 for Dr. Walker, who, he understood, was the King's Commissary. Cresap was from "Old Town." This suit was to recover costs and expenses in Braddock's expedition. Advertisement by Robert Leahe, Commissary, 13th February, 1756, that the Commissioners to settle accounts (Edward Shippen, Samuel Morris, Alexander Stedman and Samuel McCall) would attend at Lancaster, Pennsylvania, to settle accounts. Letter from Cresap, to Walker and from Walker to Cresap. Walker's letter dated Castle Hill. MARCH, 1764 (B). Rowland vs. Walker.--Williarn Walker, of Augusta, also of Bedford Co. Leister's Administrator vs. Charles Lewis and wife.--Charles Lewis and Sarah, his wife (was Miss Sally Murray). Bowman vs. Bird.--Cornelius Bowman, father of George and Peter Bowman. Peter Bowman's widow, Margaret, married Van Pelt. Daily vs. Dugind.--John Daily, late of Co. of Goochland, was there in 1747. MARCH, 1764 (C). Seely vs. Carpenter.--Jeremiah Seely married the daughter of Joseph Carpenter, lately of the Province of New York. Joseph, in 1746, and after above marriage, moved to Jackson's River, where he and most of his children, then unmarried, settled. Jeremiah came in 1748. 339 Harrison vs. Herron.--Only the answer in the papers, but that shows that the complainant, Samuel Harrison, came to Augusta from the Colony of ____. Defendant, Alexander Herron, came from the same place. Harrison came first and settled on Linville's Creek. About time of Braddock's defeat Harrison went to Carolina. Robert Harrison was nephew of Samuel. MARCH, 1765 (B). Campbell vs. Campbell.--Robert Campbell, son of John Campbell, gone to Carolina, 1764. MARCH, 1765 (A). McPheeters vs. Lewis.--George Luice, of Augusta County. 1762. Lang vs. Huston.--Capt. John Blagg deposes that in 1761 (4?), after Col. Byrd discharged James Huston, armorer, instructions came to proceed to Great Island, and Huston remained in the service eight days longer. Crow vs. Cudy.--Attachment, and Robert Anderson summoned as garnishee, 10th January, 1765. AUGUST, 1765 (A). Walker vs. McCormick and Welch.--Daniel McCormick, a soldier, 1764. Thomas Welch, a soldier, 1764. Love vs. Lusk.--Robert Lusk, a soldier, 1764. Buchanan vs. Sayers.--Robert Sayers, eldest son and heir-at-law of Alexr. Sayers, deceased. May, 1765. Returned: "The boy is in Bedford at school." Howell vs. Steel and Cochran.--John Steel and John Cochran, Chapmen, 1757. MAY, 1765 (A). Beard vs. Sayers.--Alexander Sayers, gent. "Not executed, the defendant being drowned." 1764-5. Estill vs. McGee.--Robert McGee, a soldier, 1765. Walker vs. Hamilton and Adams.--John Hamilton, a soldier, 1765. Dunbar vs. Emacks.--James Emacks, a soldier in 1765, lives in Bedford. John Daley vs. William Anderson.--William lived at Hart's Bottom, on North Branch of James, 1760. Walker vs. McIlhenny and Ballor.--James McElhenny and John Ballor, both soldiers, 1765. Davis vs. McBride.--Janmes McBride, a soldier, 1765. Deane and wife vs. Young.--William Deane and Mary, his wife. Deane's wife was only child of Patrick Cooke. Her guardian was Hugh Young, her uncle. Deane and wife were married 1763. Plaintiff says Deane and wife were never married, because the wife is under age. Replication says they were married by Rev. Ichabod Camp, minister of Church of England, on 14th June, 1762, in Amherst County. MARCH, 1765 (B). Scot vs. Ralstone.--Margaret Pickens gone to Carolina. McGill vs. Harrison.--Daniel Harrison, Jr., of Augusta. Bond to James Magill, January 17, 1764. 340 McClung vs. Berrisford.--John Berrisford owned land on North Branch James River, adjoining William Halman, John Harper and James Edmondson. He sold in 1761 to James McClung, but before deed was made Berrisford died, leaving no sons, but seven daughters--Mary, Catherine, Margaret, Agnes, Frances, Lydia and Jennet. Most were infants. Patrick Calhoun vs. Parris and Adams.--John Parris and George Adams. Bond to James Calhoun, of Augusta, 9th September, 1754. Adams pleads that he was 20 years and 9 months old when bond was given. Agnes Adams, mother of George, testifies that he was 30 years old Christmas, 1763. She sent him from Pennsylvania to Virginia and wrote letters to her friends at Red Creek. Corrigan vs. Bratton, administrator of James Dunlop.--James Gill was a soldier under Dunlop. William Crow vs. Patrick Lynch.--Patrick Lynch, then inhabitant of Augusta, in 1755, gave his bond to William Crow, but soon after moved to North Carolina. OCTOBER, 1765 (C). Johnston vs. William Christian.--Defendant a soldier in actual service, 1764. Crow vs. Bell.--Elizabeth Hog deposes 18th October, 1765: At time when first fair was held in Staunton, about three years ago, she and Miss Priscilla Christian, now dead, went to Crow's store and got "a fairing," which was a present of ribbon by the clerk. Fowler et als. vs. John Stewart.--John Fowler and Margaret, his wife; William Patterson and Mary, his wife; Patrick Quin and Jane, his wife; James Skidmore and Sarah, his wife, sue John Stewart for a slave which Stewart bought of Jennet McDonald (McDonell), administratrix of Randolph McDonell. (Are these women daughters of Randolph?) OCTOBER, 1765 (B). Brown vs. Brown.--Isabella Brown sues for separate maintenance from her husband, William Brown. Boyd vs. Galespie.--Alexander Galespie is a soldier, 1764. MAY, 1765 (C). Looney vs. Looney.--Margaret Looney, an infant (only child), daughter and heiress of Daniel Looney (or David?), deceased. Bill filed September, 1763. Daniel was son of Robert Looney. Robert also had a son, Absalom. OCTOBER, 1765 (D). Hamilton vs. Smith.--Col. John Smith, debtor to John Hamilton, for goods for his soldiers at the Dunkard Bottom, and himself, September, 1760: Col. John Smith, Lieut. Hansley, John Smith Boman, John Lukis, John Hamilton, Stamp Evins, Richard Dodd, Richard Newport, Thomas Deigs and John Cotril. 341 NOVEMBER, 1766 (A). Moore vs. Fleming.--William Fleming, late of Pennsylvania, debtor, 1761, to sundries diets and lodgings, #1, 4, 4; to sunderie clubs for drinking, #0, 14, 4; to freight for saddles from Wilmington, #0, 6, 0; to passage for yourself and rum for seven days, #0, 12, 0; to one mare lent, which you killed by riding, #14, 0, 0; cash lent, #0, 6, 8. Affidavit to above account by Alexander Moor, in Bladen County, North Carolina, 6th May, 1765. (N. B.--Sd. Fleming is son to Samuel Fleming, of New London, and assisted in building a house for William Mogomnery in Salisbury. Process executed July, 1765.) Long vs. Hutchison.--John Hutchison, debtor, 1766, to schooling your children, #1, 12, 9. (Signed) John Long. Grymes vs. James Buchanan.--Defendant lives on Walker's Creek, 1766. Smith vs. Hutchison.--William Hutchison, debtor, to Hugh Smith Account June, 1766. Sworn to by Smith in Orange County, North Carolina, June, 1766. Wright vs. Lewis.--George Lewis, of Cow Pasture, debtor, 1764, to Alexr. Wright. Cash to B. Lewis, 2/6. Summers vs. Campbell.--John Summers and Isabella, his wife, late Isabella Young, complain of James Campbell and Richard Woods. Bond dated 23d June, 1761. Carpenter et als. vs. Fotch.--George Carpenter and Ann, his wife; Stephen Huntsberger and Ursilla, his wife; Mathew Heorce and Frances, his wife, daughters and co-heirs of John Shitly, deceased. John was a German, and died in Germany, leaving the above daughters, all infants, and ____ ____, his widow. The widow came to America with the children and married John Fotch before coming. She died at Plymouth on the passage over. John Shitly left no estate, but his father, Malchior Shitly, left estate. The Shitlys went from Switzerland to Holland, where they took ship. They landed in Maryland, intending to settle at Tulpahocken, in Pennsylvania. Fotch left Germany in 1744. Mathew or Martin Heorse (called both). AUGUST, 1766 (A). Seegar vs. Kline.--Andrew Kline, of Borough of Lancaster, County of Lancaster, Pennsylvania, innkeeper. Bond to Frederick Seegar, of Lancaster Township, County of Lancaster, 6th April, 1765. Clendenning vs. Cunningham.--9th July, 1764. This day Samuel Crockett came before me and made oath that he (Samuel) served as Sergeant at Capt. John Dickinson's, on Cow Pasture River, under the command of Capt. Walter Cunningham, and that John Clendennin served as a soldier from the 27th of November, 1763, to the 20th March, 1764, in said Company. Bowman vs. Benson and wife.--George Bowman complains of John Benson and Margaret, his wife, late Margaret Calvie, 1765. Margaret Calwell, widow of Robert Calwell; Isaac Johnson and Isaac Robinson were brothers-in-law. Isaac Johnson is about to move to Carolina. Doggett vs. Henry Dooley.--Richard Doggett and Rhoda, his wife, late Rhoda Evans. Defendant is a soldier and lives in Bedford, Glade Creek, Roanoke. 342 Anderson vs. Russell.--James Anderson and Elizabeth, his wife. 1766. John Skelton vs. John Miller.--Defendant is dead--23d May, 1766. Ro. Breckinridge vs. Stephen Loy.--Defendant's bond, dated 21st May, 1762, from Manochissie. NOVEMBER, 1766 (B). Patrick vs. Kinkead.--I. John Kinkead, of Albemarle County. Bond dated April, 1764. Bowyer vs. Alexander.--William Alexander, son to Robert. 1765. Thompson vs. Alexander and Andrew Campbell, of Augusta. 1764. William Givins vs. Robert Stewart.--James Stewart, bail. Evans vs. Chambers.--I, Robert Evans, of Cecil County, Maryland, power of attorney to his trusty friend and uncle, James Moore, to sue William Chambers for a debt, 29th October, 1765. William Chambers, of Millford Hundred, Cecil County. Bond to Thomas Montgomery, merchants at Cristona Bridge, dated 21st December, 1758. Wetherall vs. O'Neal.--George Wetherall, of Culpeper, 1764, vs. William O'Neal. Attached in Culpeper, 1764. O'Neal married Elizabeth Stover, by whose means he has recovered a judgment in the General Court against Col. Patton's estate. Ray vs. Chandler.--Capt. John Blagg commanded a Company of the Virginia Regiment in 1760. William Chandler, of Bedford County; Joseph Ray, of same County. William contracted to deliver goods for Joseph at Dunkard Bottom, on New River. This was when Blagg was with Col. John Smith, at Fort Lewis, August, 1760, during the campaign under Col. Byrd vs. the Cherokees. Glassford vs. Willfunk.--I, George Willfunk, of Fairfax County, 20th July, 1761. Harrison vs. Trader.--Reuben Harrison must have been of age. 1765. MAY, 1766 (C). Sayers vs. McMurray.--Samuel McMurray is a soldier. 1764. MARCH, 1767 (A). Ewing vs. Knight.--Argument between Charles Knight, schoolmaster, and subscribers. (1) He is to teach one year and have every other Saturday, or half of every Saturday, off. If any alarm of the Indians comes, they are to provide shelter and food and drink. Subscribers to raise #18. (Signed) Thos. Meek, Archibald Armstrong, Joseph Vachub, Robert McCutchen, Jos. Graham, John Vachub. Dated 3d May, 1765. McClung vs. Fleming.--John Flimon was a soldier in Capt. Lewis's Co. Faris vs. Harrison.--In 1759 John Faris bought a horse from George Anderson. Shortly afterwards George left the Colony. Edward McGarry shortly after George left forged an endorsement on the bond to Daniel Harrison, and then absconded. Robert Harrison was a son of Daniel, and then, after George's departure, lay on his death bed. Note dated 12th May, 1759, payable 1st August next. (Signed) John Pheris. Stewart vs. Davis.--Thomas Stewart. 1765. 343 NOVEMBER, 1766 (D). Patterson Executors vs. Carlton.--William Carlton and Esther, his wife, late Esther Brown, administratrix of Henry Brown. David Cloyd vs. James Montgomery.--Account as follows: 1764--Mr. James Montgomery, debtor, March 24--to cash of mine retaken from the Indians and delivered to you by Lieut. (Francis) Smith, #137, 18, 0. Credit, 1764--April 21. By cash received from John Neilly, Michael Cloyd, Andrew Neely and Francis Smith, #19, 0, 0; B. G. Samuel McFerrin, Philip Watkins, Benj. Hawkins, James Montgomery, Jr., Wm. Montgomery, Jr., John Crockett, John McRoberts, Wm. McMullin, Wm. Robinson, John Fowler, Samuel Robinson, Joshua McCormack, John Clark, John Artus, Saml. McNabb, Saml. Gatliff, Jeremiah Puckett and Lanty Armstrong, each #4, 18, 6. Balance due, #31, 18, 0. Sworn to by David Cloyd, 24th April, 1765. Case agreed by attorneys as follows: "We agree that a party of Indians made an eruption into the Colony, attacked the plaintiff's house, rifled it and bore off upwards of #200 in gold and silver, several household goods and negroes. We agree that a party of the Militia pursued the enemy and overtook them on John's Creek, a branch of James River, at the distance of 30 or 35 miles, and attacked and killed one of the number. We agree that upon searching the Indians's budget a quantity of gold, some dollars and pieces of small silver, were found, which, upon being weighed, amounted to the sum of #137, 18, 0. We agree that the money found in the budget of the Indians consisted of the same coin which the plaintiff was known to have in his house when plundered by the Indians. We agree that after the money was recoverd from the Indians a dispute arose among the Militia to whom of right the money belonged whether it should be delivered to the plaintiff, who was deemed to have been the owner of it before it fell into the hands of the Indians, or whether the Militia were entitled to it in having recovered it from them, upon which dispute that sum of money was lodged in the hands of the defendant, to be by him kept till that point should be settled. We agree that the plaintiff made an offer of 30 shillings to each of the men who has assisted in the pursuit of the enemy. We agree that a part of the Company of Militia made an offer to the plaintiff of delivering up his negroes and household goods if he would allow them the money. We agree that the defendant paid the sum of money out of his hands to the Militia, and that several of them returned their dividends to the plaintiff amounting to #106, 17, 2. We agree that the plaintiff paid to several of the captors who returned him their dividends the sum of 30/, the premium by him before offered for their service. We agree that if the law, &c. (Signed) Gabrill Jones, for plaintiff; Peter Hog, for defendant." Hung jury and case agreed. Submitted August, 1766. NOVEMBER, 1767 (B). Harper vs. Christian.--Account by Matt Harper, administrator of Michael Harper, against Capt. Wm. Christian. To his bounty as a soldier, #2, 0, 0. To his pay as a soldier, 19, 0. Rev. John Kingkade vs. Knox and Hamilton.--21st October, 1766. 344 MAY, 1767 (B). Patterson vs. Looney.--John Harrison's order on Looney dated June 20, 1745. NOVEMBER, 1767 (C). Catherine Whitly vs. Jonathan Whitly.--Divorce. Fitzpatrick vs. Jones.--John Jones. Bond, 27th August, 1766. Attachment against him, 1767. AUGUST, 1767 (C). Christian qui tam. vs. Bell.--Only paper. Williamsburg, October 21, 1763. On consideration of the information of David Stewart, late Colonel, September, 1762, and the deposition of John McCown, John Black and Capt. William Christian, relating to James Bell, Jr., within decreed to pay #20--- one half to his Majesty. I do hereby remit the King's part of said fine and discharge the said James Bell and his security from the payment of said #10, or any part thereof, and order the Sheriff and all concerned to behave conformably. (Signed) John Blair, P. (Judgment was rendered August 19, 1757.) Fisher and wife vs. Armstrong.--Archibald Fisher and Susanna, his wife, late Susanna Shaddon (1766), administratrix of Mathew Shaddon, November, 1765. Johnson vs. Skidmore.--Thomas Johnson made a bond in Augusta, January, 1744-5. MAY, 1767 (C). Bowyer vs. Kinkead.--I, David Kinkead, of Albemarle County, 1755. Lewis vs. Forkner.--Wm. Terrell Lewis vs. Wm. Forkner. Defendant lived at Fort Lewis, but went to Carolina. AUGUST, 1767 (D). Cawley vs. Thomas Patterson.--John Cawley and Margaret, his wife, late Margaret Woods. MAY, 1767 (D). Cabell vs. Bowen.--Malcolm Allen deposes, 13th March, 1767, that Dr. William Cabell said that as Moses Bowen's wound had been received in defense of his Country, the Country would pay him for curing Moses. Martin vs. Lindsay.--George Chowning, aged about 32 years, 14th August, 1765, deposes: Rene Laforce, aged 42, August 8th, 1765. Agnes Laforce, his wife, aged 40, August 8, 1765. Robert Cawthon, aged 29 years, 8th August, 1765. Thompson vs. Watterson.--Hanover, September 19, 1764. Ann Lyon, a convict servant from London, was imported in the Beverly, Captain Allan, and arrived in Rappahannock River, in Virginia, some time in the latter end of October, 1763. The original convictions and general goal delivery are to 345 be seen in the hands of James Miller, merchant, in Port Royal, but there being only one made out for every separate goal, renders it impossible to send it along with each servant. (Signed) Robert Hart. In pursuance and by virtue of Act of Parliament, made and appointed for the more effectual transportation of felons and convicts out of Great Britain into his Majesty's Plantation in America, I do hereby assign unto Cochran & Heart, their heirs or assigns, convict named Agnes Lyons within the said Statutes to serve for the term of 7 years from the 3d day of October, 1763, being the day of arrival in Virginia. (Signed) Captain Thomas Allong. NOVEMBER, 1767 (E). Smith vs. Alexander McClenachan.--Nicholas Smith vs. Alexander McClenachan. Account, 30th December, 1762. Sworn to by Smith before John Stewart in Spottsylvania County. Account runs December 23-30, 1762, for cash, meals, drink, meals for Ned Yeats, supper for Mr. Herse and Mr. Cock. Cash lent. Boarding Fanny from December 31, to July 26, 1763, @ 30 shillings per month. Stantown, August 24, 1763. Sir:--I understand, by Mr. Lewis, that Fanny has left your house, and was afraid you would stop her clothes for her board. But I hope you will not use her so bad, as you may depend as soon as I can get so much time I will be down and pay you all she owes you. I beg you would not let her want for anything till I come, which shall be as soon as ye Indians will give me leave to leave my fort, which is all, from your humble servant ALEXANDER McCLENACHAN. To Mr. Michael Smith in Frederick. (Suit brought 1766.) Woodrow vs. McClenachan.--I, Alexander McClenachan, Ensign in the Virginia Regiment. Bond, 4th July, 1761. Account running June, July, August, September, November, 1759. Credits made by Lieutenant Mordecai Buckner, Ensign Philip Love. Gist vs. George Breckinridge and Reed.--Aiexander Breckinridge. Special bail, 1766. Edwards vs. McCutchan and Wife.--Contract between Andrew Duncan of Augusta and David Edwards, late of said County dated 1760. NOVEMBER, 1768 (A). Greer vs. Hughes--In 1759 Andrew Greer and William Kinkead purchased land of James Hughes of Staunton, which Hughes had bought of James Paxton, but Hughes died before deed was made, leaving Euphemia, Jane and Mary, infants, and widow, Euphemia. Martin vs. Dickinson.--John Dickinson's bond to David Martin, of Amherst County, 21st August, 1765. Martin bought two tracts of land in Mecklinburg County, North Carolina, from Dickinson--one on Sandy River, the other on Bullock's Creek. Alexander Miller vs. David Rice.--Alexander Miller had preached 20 years. 1766. Elizabeth Miles, wife of Abraham Miles. 346 Francis vs. Anderson.--John Anderson, late of this County. 6th October, 1768. AUGUST, 1768 (A). Anderson vs. Watterson.--James Anderson, blacksmith, 1765. Crow vs. John Stewart.--17th May, 1767. Attachment vs. John Stewart, who had removed. Brown vs. Carpenter.--John and James Brown, his son, made affidavit, 1768. MAY, 1768 (A). Purviance vs. Timothy Terrell.--William Purviance, of Augusta County, December 28, 1767. Alexander Herron vs. Quin, Ejectment.--Daniel Harrison, 66 or 67 years old, deposes, 16th December, 1767: He was present when Colonel James Woods, then surveyor of the County of Orange (now Augusta) ran the lines in dispute. John Craven, aged 45, says same. William Gregg, aged 30, says same. John Harris was dead at time of taking this deposition. MARCH, 1768 (D). Archer vs. John Stewart and Elizabeth, his wife.--Exd., 1767. Ewing vs. Mann.--Lawrence Miller, Michael Robinson, Edward Upton, James Brady, James Brown, George Cummins, Mary Griffiths, Mary Warrington, Mary Welsh. The above 9 convicts were sold unto Mr. William Crow, in Augusta, by McDonall, Cochran & Co., December 17, 1763. MAY, 1768 (B). Gist vs. Barnett.--Samuel Gist vs. Joseph Barnett (Barnet) of Amherst. Bond dated 1st November, 1763. MARCH, 1768 (E). Foster vs. Patton's executors.--William Foster bought, in 1750-55, land in the Forks of Cripple Creek, from Colonel James Patton. Colonel Patton was killed some time in 1755. Colonel Patton was prevented from taking out patents to his land on New River by a dispute ensuing between the Assembly and the Governor concerning a fee on a pistole for signing the patents. In 1763, when Colonel Buchan applied for patents, he was informed by the Governor and Council that his Majesty's proclamation forbidding his subjects to settle on and to withdraw from the waters of the Mississippi prevented any patent from issuing, but as soon as his Majesty should withdraw the proclamation and suffer his people to settle there, then Colonel Buchanan should have the patents. Deposition of Samuel Montgomery, aged 47 years. Deposition of William Sawyers, aged 40 year. Laverty vs. Elliott.--Ralph Laverty and Jane, his wife, late Jane Grymes, administratrix of Robert Grymes, deceased, 1766. William Simpson and Elizabeth, his wife, late Elizabeth Campbell, administratrix of Malcomb, vs. Joseph Craven. 347